Verdict

Verdict

The Court: Alright, your verdicts are in good form and reads as follows, and before I announce the verdict, ladies and gentlemen, I understand that theres a great deal of emotion from everyone involved. The courtroom is not a place to display that emotion and I will not tolerate and cannot tolerate a display of emotion, so if you feel the need to express yourselves you need to get up and go outside the courtroom to do so. And, again, I understand any emotion that you might feel.The first verdict reads as follows:We, the jury, find Damien Echols guilty of capital murder in the death of Stevie Branch.We, the jury, find Damien Echols guilty of capital murder in the death of Chris Byers.We, the jury, find Damien Echols guilty of capital murder in the death of Michael Moore.We, the jury, find Jason Baldwin guilty of capital murder in the death of Chris Byers.We, the jury, find Jason Baldwin guilty of capital murder in the death of Stevie Branch.We, the jury, find Jason Baldwin guilty of capital murder in the death of Michael Moore.All the verdicts are signed by the foreman. Ladies and gentlemen, its necessary at this time that the Court poll the jury as to all six verdicts. So, when your name is called, if these six verdicts represent your individual verdict then answer yes as your name is called.

The Clerk: Peggy Roebuck?

Juror number 1: Yes.

(Inaudible)

The Court: Pardon?

Mr. Price: Numbers? Initials?

(Inaudible)

The Court: You wont know your number, will you?

Unidentified: Number 1, 2, 3, 4.

The Court: Alright, call them in that fashion. Thatll be alright.

The Clerk: Juror number 1?

The Court: Juror number 1?

Juror number 1: Yes.

The Clerk: Juror number 2?

Juror number 2: Yes.

The Clerk: Juror number 3?

Juror number 3: Yes.

The Clerk: Juror number 4?

Juror number 4: Yes.

The Clerk: Juror number 5?

Juror number 5: Yes.

The Clerk: Juror number 6?

Juror number 6: Yes.

The Clerk: Juror number 7?

Juror number 7: Yes.

The Clerk: Juror number 8?

Juror number 8: Yes, your Honor.

The Clerk: Juror number 9?

The Court: Whos that? Remember who number 9 is? Hold up your hand if you hadnt answered.

The Court: Alright gentlemen, if there are no further questions then the Courts ready -- Mr. Foreman, I understand that you have expressed a desire not to be questioned by the media whatsoever or to be contacted about your decision in this case at this point. Ofcourse each of you understand that it will be necessary for the court to read you additional jury instructions and for the State and the defendants to produce any aggravation or mitigation that that they care to. That probably is going to take us a few minutes to get it together. Gentlemen, do you have any idea?

Mr. Price: Judge, if we could approach the bench.

The Court: Alright.

(Bench conference)

(Inaudible)

The Court: Theyve expressed an interest -- the foreman -- of want to do it today.

Mr. Price: Our witnesses are not here today, judge.

The Court: Is there no way you can get them here?

Mr. Price: (Not in four hours with time left, no sir.??)

Fogleman: Can you -- and Im just asking --

Mr. Price: Sure.

Fogleman: Do you have some you could put on this afternoon?

(Inaudible)

The Court: Well, I understand the dilemma.

(Return to open court)

The Court: Alright ladies and gentlemen, and Mr. foreman you expressed a desire to continue today and course its fifteen to four, theres a sufficient period of time for you to work and deliberate and I recognize that. However, the mechanics of the rest of the proceeding on punishment will allow the defendants to put on mitigation, which means they can call witnesses. Those witnesses are simply not available today. Some are away, some are in Little Rock, did you indicate Little Rock?

Mr. Price: Yes sir, we need to check to see when he can get here.

The Court: Other locations, its just -- as much as I hate to have to come back tomorrow, thats what were gonna have to do. Or -- (pause) I dont know any other choice gentlemen, do you?

Mr. Price: We would need to make a phone call, judge.

The Court: Pardon?

Mr. Price: We would need to make a phone call to make sure one particular witness would be available tomorrow.

The Court: You mean theres a possibility they couldnt be available tomorrow morning?

Davidson: Thats -- thats correct, theres a possibility that we need to (Inaudible)

(Pause)

The Court: Well, make your phone call. Well recess for a few minutes here and then -- Im planning on proceeding tomorrow morning. Gentlemen, do yall have any problem with tomorrow morning? Are you all ready?

Unidentified: Yes we are, your Honor.

The Court: Well, I would prefer going ahead today myself, its physically going to be impossible. I recognize that todays another day and that you probably -- youve worked 12 or so hours on it and youd like to finish it, but it might be best that you get a good nights sleep and come back tomorrow and finish this. So Mr. Foreman, I think thats what were gonna have to do. As much as I regret it, but thats what will have to be done.

(Inaudible)

The Court: Well, I dont think they could get them from Little Rock here. Do yall have any witnesses that are available today? Are you all going to have to put on any additional proof?

Mr. Fogleman: Your Honor, not --

Mr. Davis: I dont think it will be testimony.

Mr. Fogleman: We might be --

The Court: Paper, paper proof, not testimony. And youll have testimony?

Mr. Price: Yes.

The Court: How many witnesses?

Mr. Price: Three to five, your Honor

The Court: Length of time?

Mr. Price: One witness -- one witness would be probably an hour to an hour and a half of our testimony, with room for cross examination. The others would not be as long. There would be also some, some other evidence.

The Court: Gentlemen, how many witnesses do you anticipate?

Mr. Ford: We dont know at this time, your Honor

The Court: Alright well, Im gonna let the jury go until in the morning then. Alright ladies and gentlemen, again, since youve concluded, and the Court will accept your verdicts in the case as the verdict as to the guilt or innocence, youll need to be further instructed on punishment and hear -- I imagine a couple of hours of additional, maybe 3 hours of additional testimony. And then retire to consider the punishment. The Court will have to give you detailed instructions in that regard so. Youre again reminded that youre still not to discuss this case with anyone and youre free to go until in the morning at 9:30. I dont want anybody to even attempt to talk to or interfere with any of the jurors whatsoever. In fact Im gonna have you have officers escort to your vehicles. But well simply have to come back tomorrow morning. I want everybody to remain in the courtroom while the jury departs.